SB 5: "An Act prohibiting groups controlled by a legislator from soliciting and accepting contributions or from making certain contributions and expenditures during a regular or special legislative session; and prohibiting some lobbyists from making campaign contributions to certain groups."

00 SENATE BILL NO. 5
01 "An Act prohibiting groups controlled by a legislator from soliciting and accepting
02 contributions or from making certain contributions and expenditures during a regular
03 or special legislative session; and prohibiting some lobbyists from making campaign
04 contributions to certain groups."
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
06 * Section 1. AS 15.13.072 is amended by adding a new subsection to read:
07 (i) A group controlled by a member of the legislature may not solicit or accept
08 a contribution, or make a contribution or expenditure, for the purpose of influencing
09 the outcome of an election under this chapter while the legislature is convened in a
10 regular or special legislative session.
11 * Sec. 2. AS 15.13.074(g) is repealed and reenacted to read:
12 (g) Except as provided in (j) of this section, an individual required to register
13 as a lobbyist under AS 24.45 may not, at any time the individual is subject to the
14 registration requirement under AS 24.45 and for one year after the date of the
01 individual's initial registration or its renewal, make a contribution to a candidate for
02 the legislature or to a group that
03 (1) is controlled by
04 (A) a member of the legislature; or
05 (B) an individual who files for election to the state legislature
06 or campaigns as a write-in candidate for the state legislature; and
07 (2) makes expenditures or receives contributions to influence the
08 outcome of an election under this chapter.
09 * Sec. 3. AS 15.13.074 is amended by adding new subsections to read:
10 (j) An individual required to register as a lobbyist under AS 24.45 may make a
11 contribution to a candidate for the legislature in the district in which the individual is
12 eligible to vote or will be eligible to vote on the date of the election. An individual
13 who makes a contribution under this subsection shall report to the commission, on a
14 form provided by the commission, each contribution made while required to register
15 as a lobbyist under AS 24.45 and for one year after the date of the individual's initial
16 registration or renewal. Upon request of the commission, the information required
17 under this subsection shall be submitted electronically. In this subsection, "candidate"
18 means an individual who files for election to the legislature or who campaigns as a
19 write-in candidate for the legislature.
20 (k) The restriction on contributions by an individual required to register as a
21 lobbyist under AS 24.45 in (g) of this section and the reporting requirement of (j) of
22 this section do not apply to a representational lobbyist as defined in regulations of the
23 commission.
24 * Sec. 4. AS 15.13.400 is amended to read:
25 Sec. 15.13.400. Definitions. In this chapter, unless the context otherwise
26 requires,
27 (1) "candidate"
28 (A) means an individual who files for election to the state
29 legislature, for governor, for lieutenant governor, for municipal office, for
30 retention in judicial office, or for constitutional convention delegate, or who
31 campaigns as a write-in candidate for any of these offices; and
01 (B) when used in a provision of this chapter that limits or
02 prohibits the donation, solicitation, or acceptance of campaign contributions, or
03 limits or prohibits an expenditure, includes
04 (i) a candidate's campaign treasurer and a deputy
05 campaign treasurer;
06 (ii) a member of the candidate's immediate family;
07 (iii) a person acting as agent for the candidate;
08 (iv) the candidate's campaign committee; and
09 (v) a group that makes expenditures or receives
10 contributions with the authorization or consent, express or implied, or
11 under the control, direct or indirect, of the candidate;
12 (2) "commission" means the Alaska Public Offices Commission;
13 (3) "communication" means an announcement or advertisement
14 disseminated through print or broadcast media, including radio, television, cable, and
15 satellite, the Internet, or through a mass mailing, excluding those placed by an
16 individual or nongroup entity and costing $500 or less and those that do not directly or
17 indirectly identify a candidate or proposition, as that term is defined in
18 AS 15.13.065(c);
19 (4) "contribution"
20 (A) means a purchase, payment, promise or obligation to pay,
21 loan or loan guarantee, deposit or gift of money, goods, or services for which
22 charge is ordinarily made, and includes the payment by a person other than a
23 candidate or political party, or compensation for the personal services of
24 another person, that is rendered to the candidate or political party, and that is
25 made for the purpose of
26 (i) influencing the nomination or election of a
27 candidate;
28 (ii) influencing a ballot proposition or question; or
29 (iii) supporting or opposing an initiative proposal
30 application filed with the lieutenant governor under AS 15.45.020;
31 (B) does not include
01 (i) services provided without compensation by
02 individuals volunteering a portion or all of their time on behalf of a
03 political party, candidate, or ballot proposition or question;
04 (ii) ordinary hospitality in a home;
05 (iii) two or fewer mass mailings before each election by
06 each political party describing the party's slate of candidates for
07 election, which may include photographs, biographies, and information
08 about the party's candidates;
09 (iv) the results of a poll limited to issues and not
10 mentioning any candidate, unless the poll was requested by or designed
11 primarily to benefit the candidate;
12 (v) any communication in the form of a newsletter from
13 a legislator to the legislator's constituents, except a communication
14 expressly advocating the election or defeat of a candidate or a
15 newsletter or material in a newsletter that is clearly only for the private
16 benefit of a legislator or a legislative employee;
17 (vi) a fundraising list provided without compensation
18 by one candidate or political party to a candidate or political party; or
19 (vii) an opportunity to participate in a candidate forum
20 provided to a candidate without compensation to the candidate by
21 another person and for which a candidate is not ordinarily charged;
22 (5) "electioneering communication" means a communication that
23 (A) directly or indirectly identifies a candidate;
24 (B) addresses an issue of national, state, or local political
25 importance and attributes a position on that issue to the candidate identified;
26 and
27 (C) occurs within the 30 days preceding a general or municipal
28 election;
29 (6) "expenditure"
30 (A) means a purchase or a transfer of money or anything of
31 value, or promise or agreement to purchase or transfer money or anything of
01 value, incurred or made for the purpose of
02 (i) influencing the nomination or election of a candidate
03 or of any individual who files for nomination at a later date and
04 becomes a candidate;
05 (ii) use by a political party;
06 (iii) the payment by a person other than a candidate or
07 political party of compensation for the personal services of another
08 person that are rendered to a candidate or political party;
09 (iv) influencing the outcome of a ballot proposition or
10 question; or
11 (v) supporting or opposing an initiative proposal
12 application filed with the lieutenant governor under AS 15.45.020;
13 (B) does not include a candidate's filing fee or the cost of
14 preparing reports and statements required by this chapter;
15 (C) includes an express communication and an electioneering
16 communication, but does not include an issues communication;
17 (7) "express communication" means a communication that, when read
18 as a whole and with limited reference to outside events, is susceptible of no other
19 reasonable interpretation but as an exhortation to vote for or against a specific
20 candidate;
21 (8) "group" means
22 (A) every state and regional executive committee of a political
23 party;
24 (B) any combination of two or more individuals acting jointly
25 who organize for the principal purpose of influencing the outcome of one or
26 more elections and who take action the major purpose of which is to influence
27 the outcome of an election; a group that makes expenditures or receives
28 contributions with the authorization or consent, express or implied, or under
29 the control, direct or indirect, of a candidate shall be considered to be
30 controlled by that candidate; a group whose major purpose is to further the
31 nomination, election, or candidacy of only one individual, or intends to expend
01 more than 50 percent of its money on a single candidate, shall be considered to
02 be controlled by that candidate and its actions done with the candidate's
03 knowledge and consent unless, within 10 days from the date the candidate
04 learns of the existence of the group the candidate files with the commission, on
05 a form provided by the commission, an affidavit that the group is operating
06 without the candidate's control; a group organized for more than one year
07 preceding an election and endorsing candidates for more than one office or
08 more than one political party is presumed not to be controlled by a candidate;
09 however, a group that contributes more than 50 percent of its money to or on
10 behalf of one candidate shall be considered to support only one candidate for
11 purposes of AS 15.13.070, whether or not control of the group has been
12 disclaimed by the candidate; and
13 (C) any combination of two or more individuals acting jointly
14 who organize for the principal purpose of filing an initiative proposal
15 application under AS 15.45.020 or who file an initiative proposal application
16 under AS 15.45.020;
17 (9) "immediate family" means the spouse, parent, child, including a
18 stepchild and an adopted child, and sibling of an individual;
19 (10) "independent expenditure" means an expenditure that is made
20 without the direct or indirect consultation or cooperation with, or at the suggestion or
21 the request of, or with the prior consent of, a candidate, a candidate's campaign
22 treasurer or deputy campaign treasurer, or another person acting as a principal or agent
23 of the candidate;
24 (11) "individual" means a natural person;
25 (12) "issues communication" means a communication that
26 (A) directly or indirectly identifies a candidate; and
27 (B) addresses an issue of national, state, or local political
28 importance and does not support or oppose a candidate for election to public
29 office;
30 (13) "nongroup entity" means a person, other than an individual, that
31 takes action the major purpose of which is to influence the outcome of an election, and
01 that
02 (A) cannot participate in business activities;
03 (B) does not have shareholders who have a claim on corporate
04 earnings; and
05 (C) is independent from the influence of business corporations.
06 (14) "person" has the meaning given in AS 01.10.060, and includes a
07 labor union, nongroup entity, and a group;
08 (15) "political party" means any group that is a political party under
09 AS 15.80.010 and any subordinate unit of that group if, consistent with the rules or
10 bylaws of the political party, the unit conducts or supports campaign operations in a
11 municipality, neighborhood, house district, or precinct;
12 (16) "publicly funded entity" means a person, other than an individual,
13 that receives half or more of the money on which it operates during a calendar year
14 from government, including a public corporation.